CourtCases2010

Given this omission we cannot conclude that those

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Unformatted text preview: ult of the medications he must take. There appears to be no other record evidence regarding his ability to engage in sexual relations. McAlindin's statement is sufficient to raise a genuine issue of material fact. Second, McAlindin stated in his declaration that he had experienced great difficulty [**19] sleeping at night. In addition, as his doctor explained in a letter to his supervisor, McAlindin's numerous medications disrupted his normal sleep patterns and caused him to be drowsy at work. Although the record indicates that the sleep medication has helped McAlindin's ability to rest at night somewhat, his declaration states that his difficulty sleeping has persisted to some extent. This evidence raises a genuine issue of material fact regarding McAlindin's sleeping. Third, several of the doctors who evaluated McAlindin documented his difficulty interacting with others. A review of the various medical evaluations indicates that, following his panic attack in 1992, McAlindin became increasingly withdrawn and his ability to deal with people and stress was seriously diminished. For instance, Dr. Sandweiss concluded that McAlindin "is anxious all of the time . . . . He has a fear reaction and feels that he has to constrict outside activities and stay away from crowds, shopping centers and any disagreement with his wife. He's around the house most of the time, at least 20 hours per day . . . ." (emphasis in original). Dr. Reiss likewise noted that McAlindin was barely functional, [**20] "avoiding activities, for fear that they will make him feel more anxious" and stated that anxiety had a paralyzing effect on him. Consequently, "[McAlindin's] social activities are confined to his family. He is not involved in any groups or political or religious affiliations." These evaluations suggest that McAlindin suffers from a total inability to communicate at times, in addition to a more subtle impairment in engaging in meaningful discussion. His alleged "fear reaction" and "communicative paralysis" are sufficiently severe to raise a genuine issue of [*1236]...
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